GENERAL CONDITIONS OF AIR FRANCE CARGO
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Version November 2022
GENERAL CONDITIONS OF CARRIAGE FOR CARGO
Issue date: December 07
th
2022
CONTENTS
1
Definitions
2
Applicability
3
Acceptability of goods for carriage
4
Documentation
5
Rates and charges
6
Shipments in course of carriage
7
Shipper's right of disposition
8
Delivery
9
Pick-up and delivery services
10
Successive carriers
11
Carrier's liability
12
Limitations on claims and actions
13
Overriding law
14
Personal Data
15
Modification and waiver
GENERAL CONDITIONS OF AIR FRANCE CARGO
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Article 1 — Definitions
AGENT Except when the context otherwise requires, any person who has authority, express
or implied, to act for or on behalf of Carrier in relation to the Carriage of Cargo unless that
person is acting as Shipper with respect to a Shipment governed by these General Conditions
of Carriage.
AIR FRANCE CARGO The Cargo Division of Société Air France, a joint stock company
existing under the laws of France, registered with the Registre du Commerce et des Sociétés
of Bobigny under number 420 495 178, whose head office is at 45 rue de Paris, Roissy CDG
Cedex, France.
AIR WAYBILL The document entitled “Air Waybill” made out by or on behalf of the Shipper or
the electronic Air Waybill according to Article 4.2 (“e-AWB”), which evidences the contract
between the Shipper and Carrier for Carriage of Cargo over routes of Carrier and which
incorporates the present General Conditions of Carriage. The format of the Air Waybill shall be
in accordance with the specifications for an Air Waybill set forth in IATA Resolution 600a.
APPLICABLE CONVENTION Unless the context requires otherwise, whichever of the
following instruments is applicable to the contract of Carriage:
the Convention for the Unification of Certain Rules Relating to International Carriage by
Air, signed at Warsaw, 12 October 1929; (hereinafter referred to as “the Warsaw
Convention”)
the Warsaw Convention as amended at The Hague on 28 September 1955;
the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;
the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol
No. 2 of Montreal 1975;
the Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of
Montreal 1975;
the Convention for the Unification of Certain Rules for International Carriage by Air,
done at Montreal on 28 May 1999; (the Montreal Convention of 1999)
CARGO (which is equivalent to the term “Goods”). Anything carried or to be carried in an aircraft
except mail or baggage carried under a passenger ticket and baggage check, but includes
baggage moving under an Air Waybill or Shipment Record.
CARRIAGE (which is equivalent to the term “Transportation”) Carriage of Cargo by air or by
another means of transport, whether gratuitously or for reward, on the basis of a Contract of
Carriage by air as understood in the Applicable Convention.
CARRIER Includes the air carrier issuing the Air Waybill or preserving the Shipment Record and
all carriers that carry or undertake to carry the Cargo or to perform any other services related to
such Carriage and whose code features on the Air Waybill or Shipment Record.
CHARGES COLLECT The charges entered on the Air Waybill or Shipment Record for collection
from the Consignee against delivery of the Shipment.
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CHARGES PREPAID The charges entered on the Air Waybill or Shipment Record for payment
by the Shipper to Carrier at the time of acceptance of Shipment.
CODE SHARE FLIGHT Flight operated by an air Carrier that can be either the Carrier with
which the Agent concluded a contract (contracting Carrier or contractual Carrier), or another
Carrier (Carrier operating the flight or actual Carrier) with which the contracting Carrier has
associated its Designator Code.
CONTRACT OF CARRIAGE means the written agreement between the Shipper and the
Carrier relating to the Carriage, including the freight rates. The conclusion and content of the
contract of carriage can be proved by the Air Waybill.
CONSIGNEE The person whose name appears on the Air Waybill or Shipment Record, as the
party to whom the Shipment is to be delivered by Carrier.
DAYS Full calendar days, including Sundays and legal holidays; provided that for purposes of
notification the balance of the day upon which notice is despatched shall not be counted.
DELIVERY SERVICE The surface Carriage of inbound Shipments from the airport of destination
to the address of the Consignee or that of his designated agent or to the custody of the
competent authorities when required.
PICK-UP SERVICE The surface Carriage of outbound Shipments from the point of pickup at
the address of the Shipper or that of his designated agent to the airport of departure, including
any incidental surface Carriage between airports.
SHIPMENT (which is equivalent to the term “consignment”). Except as otherwise provided
herein, one or more packages, pieces, or bundles of Cargo accepted by Carrier from one
Shipper at one time and at one address, receipted for in one lot and under a single Air Waybill
or a single Shipment Record, for Carriage to one Consignee at one destination address.
SHIPMENT RECORD Any record of the contract of Carriage preserved by Carrier, evidenced
by means other than an Air Waybill.
SHIPPER (which is equivalent to the term “consignor”). The person whose name appears on
the Air Waybill or Shipment Record, as the party contracting with Carrier for the Carriage of
Cargo.
SPECIAL DRAWING RIGHT A Special Drawing Right as defined by the International Monetary
Fund (IMF), the value of which is periodically determined by the latter, on the basis of the value
of several reference currencies.
SPECIAL DECLARATION OF VALUE (or interest) The declaration made by the Shipper when
handing over a Shipment to Carrier and specifying a value in excess of that fixed as the limit of
liability enacted by the Applicable Convention, in consideration for the payment of an additional
sum.
Article 2 — Applicability
2.1
GENERAL
These conditions shall apply to all Carriage of Cargo, including all services incidental thereto,
performed by or on behalf of Carrier; provided however that if such Carriage is “International
Carriage” as defined in the Applicable Convention, such Carriage shall be subject to the
provisions of the Applicable Convention and to these conditions to the extent that these
conditions are not inconsistent with the provisions of such Convention.
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2.2
CODE SHARE FLIGHT
Some flights or services of the Carrier may be subject to a Code Share agreement with other air
Carriers. In such case, a Carrier which designator code does not feature on the Air Waybill or
in the Shipment Record may operate the relevant air service. These general conditions shall
remain applicable for this type of flight.
2.3
APPLICABLE LAWS AND CARRIER’S PRODUCTS AND SERVICES
To the extent not in conflict with 2.1 all Carriage and other services performed by Carrier are
subject to:
2.3.1
applicable laws (including national laws implementing a Convention or extending the rules
of the Applicable Convention to Carriage which is not “International Carriage” as defined in the
Applicable Convention) government regulations, orders and requirements;
2.3.2
these conditions, other applicable rules and regulations, products and services and
timetables (but not the times of departure and arrival therein specified) which may be obtained
from Carrier.
2.4
GRATUITOUS CARRIAGE
With respect to gratuitous Carriage, Carrier reserves the right to exclude the application of all
or any part of these conditions.
2.5
CHARTERS
With respect to Carriage of Cargo performed pursuant to a charter agreement with Carrier, such
Carriage shall be subject to Carrier’s charter tariffs applicable thereto (if any) and these
conditions shall not apply except to the extent provided in said charter tariff. Where Carrier has
no charter tariff applicable to such charter agreement, these conditions shall apply to such
agreement except that Carrier reserves the right to exclude the application of all or any part of
these conditions and, in case of divergence between the applicable provisions of these
conditions and the conditions contained or referred to in the charter agreement, the latter shall
prevail and the Shipper, by accepting Carriage pursuant to a charter agreement, whether or not
concluded with the Shipper, agrees to be bound by the applicable terms thereof.
2.6
CHANGE WITHOUT NOTICE
These conditions and the published rates and charges are subject to change without notice
except to the extent otherwise provided by applicable law or government regulations or order;
provided however that no such change shall apply to a contract of Carriage after the date of
issuance of the Air Waybill by Carrier or after the date the rate or charge for the Carriage has
been entered in the Shipment Record.
2.7
EFFECTIVE RULES
All Carriage of Cargo governed by these conditions shall be subject to Carrier’s rules,
regulations and tariffs in effect on the date of the issuance of the Air Waybill by Carrier or on
the date of the Shipment Record, whichever is applicable, provided that in the event of
inconsistency between these conditions and Carrier’s rules, regulations and tariffs, these
conditions shall prevail.
Article 3 — Acceptability of Goods for Carriage
3.1
CARGO ACCEPTABLE
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3.1.1
Carrier undertakes to transport, subject to the availability of suitable equipment and
space, all Shipments, unless otherwise excluded by Carrier’s regulations and provided:
3.1.1.1
the transportation, or the exportation or importation thereof is not prohibited by the laws
or regulations of any country to be flown from, to or over;
3.1.1.2
they are packed in a manner suitable for Carriage by aircraft or any other means of
transportation as required by the Carrier;
3.1.1.3
they are accompanied by the requisite shipping documents;
3.1.1.4
they are not likely to endanger aircraft or any other means of transportation, persons or
property, or cause annoyance to operating crew and/or passengers.
3.1.2
Carrier reserves the right without assuming any liability to refuse Carriage of Cargo or,
retain, cancel, defer or, at any time, return any Shipment likely to cause damage or delay to
other Shipments, goods or persons, or the Carriage of which is prohibited by law or is in violation
of any of these Conditions. Carrier’s acceptance of a Shipment does not imply that such
Shipment conforms to applicable laws and regulations or to the present conditions.
3.2
VALUATION LIMIT OF SHIPMENT
Carrier may refuse Carriage of Shipments having a Special Declaration of Value for Carriage in
excess of the limit of liability enacted by the Applicable Convention.
3.3
PACKING AND MARKING OF CARGO
3.3.1
Shipper is responsible for ensuring that the Cargo is packed in an appropriate way for
Carriage so as to ensure that it can be carried safely with ordinary care in handling and so as
not to injure or damage any persons, goods or property. Each package shall be legibly and
durably marked with the name and full address of the Shipper and Consignee and the Air
Waiybill number.
3.3.2
Packages containing valuables as defined in Carrier’s regulations must be sealed if so
requested by Carrier, by a method approved by the Carrier.
3.4
CARGO ACCEPTABLE ONLY UNDER PRESCRIBED CONDITIONS
Dangerous goods, live animals, perishables, fragile goods, human remains, and other special
Cargo are acceptable only under the conditions set forth in Carrier’s regulations applicable to
the Carriage of such Cargo.
3.5
RESPONSIBILITY FOR NON-OBSERVANCE OF CONDITIONS RELATING TO
SPECIAL CARGO
Responsibility for non-observance of the conditions relating to the Carriage of Cargo rests upon
the Shipper who shall indemnify Carrier for any loss, damage, delay, liability or penalties Carrier
may incur because of Carriage of any such Cargo.
3.6
CARRIER’S RIGHT OF INSPECTION
Carrier reserves the right to examine the packaging and contents of all Shipments and to enquire
into the correctness or sufficiency of information or documents tendered in respect of any
Shipment but Carrier shall be under no obligation to do so.
3.7
UNIT LOAD DEVICES
When Shipper undertakes to load a unit load device (ULD) it must comply with Carrier’s loading
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instructions and shall be liable for and indemnify Carrier against all consequences of any non-
compliance with such instructions.
3.8
TRACKING DEVICES
Carrier provides for the possibility to use tracking devices in accordance with AFKL ‘Conditions for
the use of tracking devices’, which can be found here: AFKL Conditions for the use of tracking
devices. When using tracking devices Shipper acknowledges and confirms compliance with the
aforementioned conditions. Shipper shall be liable for and indemnify Carrier against all
consequences of any non-compliance with the aforementioned conditions.
Article 4 — Documentation
4.1
AIR WAYBILL
The Shipper shall make out or have made out on its behalf, an Air Waybill in the form, manner
and number of copies prescribed by Carrier, and shall deliver such Air Waybill to Carrier
simultaneously with the acceptance of the Cargo by Carrier for Carriage. However, charges for
Carriage and other charges, insofar as they have been ascertained, shall be inserted in the Air
Waybill by Carrier. Carrier may require the Shipper to make out, or have made out on his behalf,
separate Air Waybills when there is more than one package. The Shipper must always use the
latest version the Air Waybill.
4.2
ELECTRONIC AIR WAYBILL (“e-AWB”)
Shippers who have signed the IATA Multilateral e-AWB Agreement and, upon their request,
received Air France KLM Martinair Cargo e-AWB activation notices, shall be committed to make
out and/or store the Air Waybill in electronic form and signed by electronic signature in
accordance with the applicable regulations (e-AWB) and are committed to an e-AWB only
process. Shippers shall make out or have made out on their behalf the e-AWB (FWB) before
Carrier’s ready for carriage check (“freight on hand”), which shall considered to be the legal
binding Air Waybill. The e-AWB information (FWB) supersedes any paper AWB presented at
acceptance and, is the leading information for Carrier documentation, acceptance and invoicing.
If there are imperative legal and/or regulatory reasons that require the use of a standard paper
Air Waybill, the Shipper shall be exclusively responsible for the required arrangements to allow
the transport of the shipment and shall promptly inform in writing the Carrier prior to tendering
the cargo for transport of any such arrangement.
4.3
SHIPMENT RECORD
Carrier, with the express or implied consent of the Shipper, may substitute for the delivery of an
Air Waybill a Shipment Record to preserve a record of the Carriage to be performed. If such
Shipment Record is used Carrier shall, if so requested by the Shipper, deliver to the Shipper in
accordance with Carrier’s regulations a receipt for the Cargo permitting identification of the
Shipment and access, in accordance with Carrier’s regulations, to the information contained in
the Shipment Record.
4.4
APPARENT CONDITION / PACKING OF THE CARGO
If the apparent order and condition of the Cargo and/or packing is in any way defective the
Shipper shall, if an Air Waybill is delivered, include on the Air Waybill a statement of such
apparent order and condition. If no Air Waybill is delivered, the Shipper shall advise Carrier of
the apparent order and condition of the Cargo, to enable Carrier to insert an appropriate
reference thereto in the Shipment Record. However, if the Shipper fails to include such
statement in the Air Waybill or to advise Carrier of the apparent order and condition of the Cargo,
or if such statement or advice is incorrect, Carrier may include in the Air Waybill or insert in the
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Shipment Record a statement of the apparent order and condition of the Cargo, or note a
correction thereto but Carrier is under no obligations to do so.
4.5
PREPARATION, COMPLETION OR CORRECTION BY CARRIER
Carrier may at the request of the Shipper expressed or implied, make out the Air Waybill in
which event, subject to proof to the contrary, Carrier shall be deemed to have done so on behalf
of the Shipper. If the Air Waybill handed over with the Cargo or if the particulars and statements
relating to the Cargo furnished by or on behalf of the Shipper to Carrier for insertion in the
Shipment Record do not contain all the required particulars, or if the Air Waybill or such
particulars or statements contain any error, Carrier is authorised to complete or correct the Air
Waybill or particulars or statements to the best of Carrier’s ability without being under any
obligation to do so.
4.6
RESPONSIBILITY FOR PARTICULARS
The Shipper is responsible for the correctness of the particulars and statements relating to the
Cargo inserted by him or on his behalf in the Air Waybill or furnished by him or on his behalf to
Carrier for insertion in the Shipment Record. Where such information is provided by means of
Electronic Data Interchange (EDI), it is the responsibility of the Shipper or the Shipper’s agent
to verify contents, accuracy and completeness of the EDI messages and subsequent messages
according to the agreed standards and specifications. The Shipper shall indemnify Carrier
against all damage suffered by him, or by any other person to whom Carrier is liable, by reason
of the irregularity, incorrectness or incompleteness of the particulars and statements furnished
by the Shipper or on his behalf.
4.7
ALTERATIONS
The Carrier shall be entitled to refuse Air Waybills for which the writing has been altered or erased.
Article 5 — Rates and Charges
5.1
APPLICABLE RATES AND CHARGES
5.1.1
Rates and charges (including terminal charges) for Carriage governed by these
conditions are those duly published by Carrier from time to time and available on request, or as
individually communicated to the Shipper or the Shipper’s agent, or determined by Carrier in
compliance with the applicable laws and regulations, and in effect on the date of the issuance
of the Air Waybill by Carrier or on the date the rate or charge for the Carriage has been entered
in the Shipment Record.
5.1.2
Consignments will be accepted by Carrier with charges either prepaid or to be collected
at the agreed destination, at its own discretion. Upon acceptance of those consignments by
Carrier, the rates as (individually) communicated to the Shipper or the Shipper’s agent, as per
article 4.1 of the General Conditions, will be applied for invoicing. In the event that the Shipper
or the Shipper’s agent has delivered consignments for transportation that do not match with
earlier (individually) confirmed and valid rates, Carrier reserves the right to charge the rates
published to the general public.
5.2
BASIS OF RATES AND CHARGES
Rates and charges will be based on the units of measurement and subject to the rules
and conditions published in Carrier’s regulations and rates.
5.3
SERVICES NOT INCLUDED IN PUBLISHED RATES AND CHARGES
Except as otherwise provided in Carrier’s rules and regulations for products and services, rates and
charges apply only in respect to Carriage from airport to airport and do not include any ancillary
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service given by Carrier in connection with the Carriage, in particular surface transportation services
between airports or between airports and designated pick-up or delivery addresses.
5.4
PAYMENT OF CHARGES
5.4.1
Rates and charges published may be paid in any currency acceptable to Carrier. When
payment is made in a currency other than in the currency in which the rate or charge is
published, such payment will be made at the rate of exchange established for such purpose by
Carrier, the current statement of which is available for inspection at Carrier’s office where
payment is made.
5.4.2
Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges,
advances and payments, made or incurred or to be incurred by Carrier and any other sums
payable to Carrier, will be deemed fully earned, whether or not the Cargo is lost or damaged, or
fails to arrive at the destination specified in the contract of Carriage. All such charges, sums and
advances will be due and payable upon receipt of the Cargo by Carrier, except that they may
be collected by Carrier at any stage of the service performed under the contract of Carriage.
5.4.3
The Shipper guarantees payment of all unpaid charges, unpaid Charges Collect,
advances and disbursements of Carrier. The Shipper also guarantees payment of all costs,
expenditures, fines, penalties, loss of time, damage and other sums which Carrier may incur or
suffer by reason of the inclusion in the Shipment of articles the Carriage of which is prohibited
by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of
packages or descriptions of the Cargo, or the absence, delay or incorrectness of any export or
import license or any required certificate or document, or any improper customs valuation, or
incorrect statement of weight or volume. Carrier shall have a lien on the Cargo for each of the
foregoing and, in the event of non-payment thereof, shall have the right to dispose of the Cargo
at public or private sale (provided that prior to such sale Carrier shall have mailed notice thereof
to the Shipper or to the Consignee at the address stated in the Air Waybill or in the Shipment
Record) and to pay itself out of the proceeds of such sale any and all such amounts. No such
sale shall, however, discharge any liability to pay any deficiencies, for which the Shipper and
the Consignee shall remain jointly and severally liable. By taking delivery or exercising any other
right arising from the contract of Carriage, the Consignee agrees to pay such charges, sums
and advances, except prepaid charges.
5.4.4
If the gross weight, measurement, quantity or declared value of the Cargo exceeds the
gross weight, measurement, quantity or declared value on which charges for Carriage have
been
previously computed, Carrier shall be entitled to require payment of the charge on such excess.
If the gross weight, measurement, quantity or declared value of the Cargo falls short of the gross
weight, measurement, quantity or declared value on which charges for Carriage have been
previously computed and for which capacity was reserved, Carrier reserves the right to charge
the previously and originally computed charges.
5.4.5
Charges Collect Shipments will be accepted only to countries listed in Carrier’s
regulations and subject to the conditions contained therein. In any event, Carrier reserves the
right to refuse Shipments on a Charges Collect basis to any country where regulations prevent
the conversion of funds into other currencies or the transfer of funds to other countries.
Information on countries to which Charges Collect service is available may be obtained from
offices and representatives of Carrier.
5.4.6
All charges applicable to a Shipment are payable at the time of acceptance thereof by the
Carrier in the case of a prepaid Shipment, i.e. a Shipment on which the charges are to be paid
by the Shipper, or at the time of delivery thereof by the Carrier in the case of a collect Shipment,
i.e. a Shipment on which the charges are to be paid by the Consignee.
5.4.7
Carrier may cancel the Carriage of the Shipment upon refusal by the Shipper, after
demand by Carrier, to pay the charges or portion thereof so demanded, without Carrier being
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subject to any liability therefore.
Article 6 — Shipments in Course of Carriage
6.1
COMPLIANCE WITH GOVERNMENT REQUIREMENTS
6.1.1
The Shipper shall comply with all applicable laws, customs and other government
regulations of any country to, from, through or over which the Cargo may be carried, including
those relating to the packing, Carriage or delivery of the Cargo, and shall, together with the
Shipment, furnish such information and deliver such documents as may be necessary to comply
with such laws and regulations. Carrier shall not be obliged to inquire into the correctness or
sufficiency of such information or documents. Carrier shall not be liable to the Shipper or any
other person for loss or expense due to Shipper’s failure to comply with this provision. The
Shipper shall be liable to Carrier for any damage occasioned by the failure of the Shipper to
comply with this provision.
6.1.2
Carrier shall not be liable for refusing to carry any Shipment if Carrier reasonably
determines in good faith that such refusal is required by any applicable law, government
regulation, demand, order or requirement.
6.2
DISBURSEMENTS AND CUSTOMS FORMALITIES
Carrier is authorised (but shall be under no obligation) to advance any duties, taxes or charges
and to make any disbursement with respect to the Cargo and the Shipper and Consignee shall
be jointly and severally liable for the reimbursement thereof. No Carrier shall be under obligation
to incur any expense or make any advance in connection with the forwarding or reforwarding of
the Cargo except against prepayment by the Shipper. If it is necessary to make customs entry
of the Cargo at any stopping place, and no customs clearance agent has been named on the
face of the Air Waybill or in the Shipment Record, the Cargo shall be deemed to be consigned
to the Carrier carrying the Cargo to such place. For any such purpose a copy of the Air Waybill,
or of the Shipment Record, certified by the Carrier, shall be deemed original.
6.3
SCHEDULES, ROUTINGS AND CANCELLATIONS
6.3.1
Times shown in Carrier’s timetables or elsewhere are approximate and not guaranteed
and form no part of the contract of Carriage. No time is fixed for commencement or completion
of Carriage or delivery of Cargo. Unless specifically agreed otherwise and so indicated in the
Air Waybill or Shipment Record, Carrier undertakes to carry the Cargo with reasonable dispatch
but assumes no obligation to carry the Cargo by any specified aircraft or over any particular
route or routes, or to make connections at any point according to any particular schedule. Carrier
is hereby authorised to select or deviate from the route or routes of the Shipment,
notwithstanding that the same may be stated on the face of the Air Waybill or in the Shipment
Record. Carrier is not responsible for errors or omissions either in timetables or other
representations of schedules. No employee, Agent or representative of Carrier is authorised to
bind Carrier by any statements or representations of the dates or times of departure or arrival,
or of operation of any flight.
6.3.2
Carrier is authorised to carry the consignment without notice wholly or partly by any other
means of surface transportation or to arrange such Carriage.
6.3.3
Carrier reserves the right without notice, to cancel, terminate, divert, postpone, delay or
advance any flight, or the further Carriage of any Cargo, or to proceed with any flight without all
or any part of the Cargo, if it considers that it would be advisable to do so because of any fact
beyond its control or not reasonably to be foreseen, anticipated, or predicted at the same time
the Cargo was accepted; or if it considers that any other circumstances so require.
6.3.4
In the event any flight is cancelled, diverted, postponed, delayed or advanced or is
terminated at a place other than the place of destination or in the event the Carriage of any
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Shipment is so cancelled, diverted, postponed, delayed, advanced or terminated, Carrier shall
not be under any liability with respect thereto. In the event the Carriage of the Shipment or any
part thereof is so terminated, delivery thereof by Carrier to any transfer Agent for transfer or
delivery or the placing of such Shipment in storage shall be deemed complete delivery under
the contract of Carriage, and Carrier shall be without any further liability with respect thereto,
except to give notice of the disposition of the Shipment to the Shipper or to the Consignee, at
the address stated in the Air Waybill or Shipment Record. Carrier may, but shall not be obligated
to, forward the Shipment for Carriage by any other route or forward the Shipment as agent for
the Shipper or the Consignee for onward Carriage by any transportation service on behalf of the
Shipper or the Consignee. The cost of doing so attaches to the Cargo.
6.3.5
Subject to applicable laws, regulations and orders, Carrier is authorised to determine the
priority of Carriage as between Shipments, and as between Cargo and mail or passengers.
Carrier may likewise decide to remove any articles from a Shipment, at any time or place
whatsoever, and to proceed with the flight without them. If as a result of determining such
priority, Cargo is not carried or Carriage thereof is postponed or delayed or if any articles are
removed from a Shipment, Carrier will not be liable to Shipper or Consignee or to any other
party for any consequences of any nature whatsoever arising therefrom.
6.4
CERTAIN RIGHTS OF CARRIER OVER SHIPMENT IN COURSE OF CARRIAGE
If in the opinion of Carrier it is necessary to hold the Shipment at any place for any reasonable
purpose, either before, during or after Carriage, Carrier may, upon giving notice thereof to the
Shipper, store the Shipment for the account and at the risk and expense of the Shipper, in any
warehouse or other available place, or with the customs authorities; or Carrier may deliver the
Shipment to another transportation service for onward Carriage to the Consignee. The Shipper
shall indemnify Carrier against any expense or risk so incurred.
Article 7 — Shipper’s Right of Disposition
7.1
EXERCISE OF RIGHT OF DISPOSITION
Every exercise of the right of disposition must be made by the Shipper or his designated agent,
if any, and must be applicable to the whole Shipment under a single Air Waybill, or under a
single
Shipment Record. The right of disposition over the Cargo may only be exercised if the Shipper
or such agent produces the part of the Air Waybill which was delivered to him, or communicates
such other form of authority as may be prescribed by Carrier’s regulations. Instructions as to
disposition must be given (in writing) in the form prescribed by Carrier. In the event that the
exercise of the right of disposition results in a change of Consignee, such new Consignee shall
be deemed to be the Consignee appearing on the Air Waybill or in the Shipment Record.
7.2
SHIPPER’S OPTION
7.2.1
Subject to his liability to carry out all his obligations under the Contract of Carriage and
provided that this right of disposition is not exercised in such way as to prejudice Carrier or other
Shippers, or the Consignee’s right to delivery, the Shipper may at his own expense dispose of
the Cargo either:
7.2.1.1
by withdrawing it at the airport of departure; or of destination; or
7.2.1.2
by stopping it in the course of the journey on any landing; or
7.2.1.3
by calling for it to be delivered at the place of destination or in course of the journey to a
person other than the Consignee named in the Air Waybill or Shipment Record; or
7.2.1.4
by requiring it to be returned to the airport of departure;
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7.2.2
Provided that if, in the opinion of Carrier, it is not reasonably practicable to carry out the
order of the Shipper, Carrier shall so inform him promptly and Carrier shall thenceforth be under
no obligation to carry out any such order.
7.3
PAYMENT OF EXPENSES
The Shipper shall be liable for and shall indemnify Carrier for all loss or damage suffered or
incurred by Carrier as a result of the exercise of his right of disposition. The Shipper shall
reimburse Carrier for any expenses occasioned by the exercise of his right of disposition.
7.4
EXTENT OF SHIPPER’S RIGHT
The Shipper’s right of disposition shall cease at the moment when, after arrival of the Cargo at
the destination, the Consignee takes possession or requests delivery of the Cargo or Air Waybill,
or otherwise shows his acceptance of the Cargo. Nevertheless, if the Consignee declines to
accept the Air Waybill or the Cargo, or if he cannot be communicated with, such right of
disposition shall continue to vest in the Shipper.
Article 8 — Delivery
8.1
NOTICE OF ARRIVAL
Notice of arrival of the Shipment will, in the absence of other instructions, be sent to the
Consignee and any other person whom Carrier has agreed to notify as evidenced in the Air
Waybill or Shipment Record; such written notice will be sent by any means. Carrier is not liable
for non-receipt or delay in receipt of such notice.
8.2
DELIVERY OF SHIPMENT
Except as otherwise specifically provided in the Air Waybill or in the Shipment Record, delivery
of the Shipment will be made only to the Consignee named therein, or to his agent. Delivery to
the Consignee shall be deemed to have been effected:
8.2.1
when Carrier has delivered to the Consignee or his agent any authorisation from Carrier
required to enable the Consignee to obtain release of the Shipment; and
8.2.2
when the Shipment has been delivered to customs or other government authorities as
required by applicable law or customs regulation.
8.3
PLACE OF DELIVERY
Except as provided in 9.3, the Consignee must accept delivery of and collect the Shipment at
the airport of destination or the respective facility as designated by the Carrier.
8.4
FAILURE OF CONSIGNEE TO TAKE DELIVERY
8.4.1
Subject to the provisions of 8.5 hereof, if the Consignee refuses or fails to take delivery of
the Shipment after its arrival at the airport of destination, Carrier will endeavour to comply with
any instructions of the Shipper set forth on the face of the Air Waybill, or in the Shipment Record.
If such instructions are not so set forth or cannot reasonably be complied with, Carrier shall
notify the Shipper of the Consignee’s failure to take delivery and request his instructions. If no
such instructions are received within thirty (30) Days, Carrier may sell the Shipment in one or
more lots at public or private sale, or destroy or abandon such Shipment, without engaging the
liability of Carrier.
8.4.2
The Shipper is liable for all charges and expenses resulting from or in connection with the
failure to take delivery of the Shipment, including, but not limited to, cost of destruction, carriage
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charges incurred in returning the Shipment if so required by the Shipper’s instructions. If the
Shipment is returned to the airport of departure and the Shipper refuses or neglects to make
such payments within fifteen (15) Days after such return, Carrier may dispose of the Shipment
or any part thereof at public or private sale, abandon or destroy the Shipment after giving the
Shipper ten (10) Days notice of its intention to do so, without engaging the liability of Carrier.
8.5
DISPOSAL OF PERISHABLES
8.5.1
When a Shipment containing perishable articles as defined in Carrier’s regulations is
delayed in the possession of Carrier, is unclaimed or refused at place of delivery, or for other
reasons is threatened with deterioration, Carrier may immediately take such steps as it sees fit
for the protection of itself and other parties in interest, including but not limited to the destruction
or abandonment of all or any part of the Shipment, the sending of communications for
instructions at the cost of the Shipper, the storage of the Shipment or any part thereof at the risk
and cost of the Shipper, or the disposition of the Shipment or any part thereof at public or private
sale without notice or engaging liability of Carrier.
8.5.2
In the event of the sale of the Shipment as provided for above, either at the place of
destination or at the place to which the Shipment has been returned, Carrier is authorised to
pay to itself and other transportation services out of the proceeds of such sale all charges,
advances, and expenses of Carrier and other transportation services plus costs of sale, holding
any surplus subject to the order of the Shipper. A sale of any Shipment shall, however, not
discharge the Shipper and/or owner of any liability hereunder to pay any deficiencies.
8.6
COSTS AND CHARGES
By accepting delivery of the Air Waybill and/or the Shipment, the Consignee shall become liable
for payment of all costs and charges in connection with the Carriage. Unless otherwise agreed
the Shipper shall not be released from his own liability for these costs and charges and will
remain jointly and severally liable with the Consignee. Carrier may make delivery of the
Shipment or the Air Waybill conditional upon payment of these costs and charges.
Article 9 — Pick-up and Delivery Services
9.1
AVAILABILITY OF SERVICE
Pick-up Service and Delivery Service will be available at the relevant locations, to the extent
and subject to the conditions, rates and charges established for such services in accordance
with the applicable regulations of Carrier.
9.2
REQUEST FOR SERVICE
Pick-up or Delivery Service, if available, will be provided when requested by the Shipper or
Consignee.
9.3
SHIPMENT FOR WHICH SERVICE IS UNAVAILABLE
Pick-up Service and Delivery Service will not be provided by Carrier without special arrangement
for any Shipment which, in the opinion of Carrier, because of its volume, nature, value or weight
is impractical for Carrier to handle in normal course.
9.4
LIABILITY
If Pick-up Service or Delivery Service is performed by or on behalf of Carrier, such surface
transportation shall be upon the same terms as to liability as set forth in article 11 hereof.
Article 10 — Successive Carriers
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Carriage to be performed under one Contract of Carriage by several successive Carriers is
regarded as a single operation, unless explicitly agreed otherwise by the parties.
Article 11 — Carrier’s Liability
11.1
Carrier is liable to the Shipper, Consignee or any other person for damage sustained in the
event of destruction or loss of, or damage to, or delay in the Carriage of Cargo only if the
occurrence which caused the damage so sustained took place during the Carriage. The liability
of Carrier shall in no case exceed the amount of the proven damages.
11.2
Except as may be otherwise provided in any Applicable Convention, Carrier is not liable to
the Shipper, Consignee or any other person for any damage, delay or loss of whatsoever nature
arising out of or in connection with the Carriage of Cargo or other services performed by Carrier,
unless such damage, delay or loss is proved to have been caused by the negligence or willful
default of Carrier and there has been no contributory negligence on the part of the Shipper,
Consignee or other claimant.
11.3
Carrier is not liable if the destruction, loss of or damage to Cargo is proved to have resulted
solely from the inherent defect, quality, nature or vice of that Cargo.
11.4
Carrier will not be liable for any loss, damage or expense arising from death due to natural
causes or death or injury of any animal caused by the conduct or acts of the animal itself or of
other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to
by the condition, nature or propensities of the animal, or by defective packing of the animal, or
by the inability of the animal to withstand unavoidable changes in its physical environment
inherent to carriage by air or other means of transportation.
11.5
Carrier shall not be liable in any event for any consequential loss or damage arising from
Carriage subject to these conditions, whether or not Carrier had knowledge that such loss or
damage might be incurred.
11.6
If the damage was caused or contributed to by the negligence or other wrongful act or
omission of the person claiming compensation, or the person from whom he derives his rights,
Carrier shall be wholly or partly exonerated from liability to the claimant to the extent that such
negligence or wrongful act or omission caused or contributed to the damage.
11.7
Unless the Shipper has made a Special Declaration of Value for Carriage and has paid
the supplementary sum applicable, liability of Carrier shall not exceed the Applicable
Convention limit or, in case the Applicable Convention do not apply, twenty two (22) Special
Drawing Rights per kilogram of Cargo destroyed, lost, damaged or delayed, converted into
national currency under applicable law.
If the Shipper has made a Special Declaration of Value for Carriage, it is agreed that any liability
shall in no event exceed such declared value for Carriage stated on the face of the Air Waybill
or included in the Shipment Record. All claims shall be subject to proof of value.
11.8
In the case of loss, damage or delay of part of the Shipment, or of any object contained
therein, the weight to be taken into consideration in determining the amount to which Carrier’s
liability is limited shall be only the weight of the package or packages concerned. Nevertheless,
when the loss, damage or delay of part of the Shipment, or of an object contained therein, affects
the value of other packages covered by the same Air Waybill or Shipment Record, the total
weight of such package or packages shall also be taken into consideration in determining the
limit of liability. In the absence of proof to the contrary, the value of any such part of the Shipment
lost, damaged or delayed as the case may be, shall be determined by reducing the total value
of the Shipment in the proportion that the weight of that part of the Shipment lost, damaged or
delayed has to the total weight of the Shipment.
11.9
The Shipper, owner and Consignee, whose property causes damage to or destruction of
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another Shipment or of the property of Carrier, shall indemnify Carrier for all losses and
expenses incurred by Carrier as a result thereof. Cargo which, because of inherent defect,
quality or vice or because of defective packing, is likely to endanger aircraft, persons or property
may be abandoned or destroyed by Carrier at any time without notice and without liability
therefor attaching to Carrier.
11.10
A Carrier issuing an Air Waybill for Carriage over the lines of another Carrier does so only
as Agent for such other Carrier and shall not incur in any liability for the loss of or damages
caused to the Shipments during Carriage. Any reference in a Shipment Record to Carriage to
be performed by another Carrier shall be deemed to refer to Carriage to be provided as Shipper
by such other Carrier. No Carrier shall be liable for the loss, damage or delay of Cargo not
occurring on its own line except that the Shipper shall have a right of action for such loss,
damage or delay on the terms herein provided against the first Carrier and the Consignee or
other person entitled to delivery shall have such a right of action against the last Carrier under
the contract of Carriage.
11.11
The Carrier is liable for damage occasioned by delay in the carriage of Cargo unless it
proves that it and its servants or agents took all measures that could reasonably be required to
avoid such damage or if it was impossible for it or them to take such measures
11.12
Whenever the liability of Carrier is excluded or limited under these conditions, such
exclusion or limitation shall apply to Agents, servants or representatives of Carrier and also to
any Carrier whose aircraft or other means of transportation is used for Carriage.
11.13
When Carrier is required by customs or other government authorities to make Shipment
available for inspection during clearance or otherwise and, including, but not limited to,
unpacking and repacking such Shipment, Carrier does so only as agent of the person who has
the right of disposition of the Shipment at the time, and Carrier accepts no liability for loss or
damage sustained in so complying with such customs or other governmental requirements.
Article 12 — Limitations on Claims and Actions
12.1
Receipt by the person entitled to delivery of the Cargo without complaint is prima facie
evidence that the same has been delivered in good condition and in accordance with the
Contract of Carriage.
In the absence of notification submitted within the given timeframe, any action against the
Carrier is unacceptable except in case of fraud of Carrier.
12.2
No action shall be maintained in the case of loss or damage to goods unless a complaint
is made to Carrier in writing by the person entitled to delivery. Such complaint shall be made:
12.2.1
in the case of visible damage to the goods, immediately after its discovery and at the
latest within fourteen (14) Days from the date of receipt of the goods;
12.2.2
in the case of other damage to the goods, within fourteen (14) Days from the date of
receipt of the goods;
12.2.3
in the case of delay, within twenty-one (21) Days from the date on which the goods were
placed at the disposal of the person entitled to delivery;
12.2.4
in the case of non-delivery or mis delivery of the goods, within one hundred and twenty
(120) Days of the date of issue of the Air Waybill or the date of the Shipment Record, whichever
is applicable.
12.3
Any right to damages against Carrier shall be extinguished unless an action is brought
within two years after arrival at destination, or the day of scheduled arrival of the aircraft at
destination, or of the break of transport.
The calculation method will be determined by the law of the court to which the case is referred
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to. Any claim or action mentioned in above paragraph must be notified in writing in the given
timeframe.
12.4.1
An abstract from Carrier’s records (including any electronic records) serves as prima
facie evidence vis-à-vis the Shipper or Shipper’s agent, subject to rebuttal evidence produced
by the Shipper or Shipper’s agent. Carrier is not required to keep its records for a period longer
than the statutory record keeping period.
12.4.2
The Shipper or Shipper’s agent must check all documentation, including but not limited
to confirmations, invoices, notices and other specifications, that Carrier sends, makes available
(including electronically) to Shipper or Shipper’s agent as soon as possible and within a reasonable
period after receiving said documentation. If the Shipper or Shipper’s agent notices a mistake or
an omission, he must inform Carrier as soon as possible.
12.4.3
If Carrier detects that it has made a mistake or an error in its documentation, including
but not limited to confirmations, invoices, notices and other specifications, Carrier is authorized
to remedy such mistake or error and/or to reverse an incorrect entry in its documentation without
the Shipper or Shipper’s agent’s consent. Carrier shall inform Shipper or Shipper’s agent as
soon as possible and within reasonable period after detection.
12.4.4
The date of receipt by Shipper or Shipper’s agent is considered to be, either the date of
dispatch or the date of making the documentation available.
12.4.5
If Shipper or Shipper’s agent does not receive the expected documentation and/or
notification from Carrier, whereas the Shipper or Shipper’s agent knows or reasonably should
know that documentation or notification from Carrier is to be expected, Shipper or Shipper’s
agent must inform Carrier of this as soon as possible in writing.
12.4.6
If the Shipper or Shipper’s agent requests a copy of the documentation that has already
been provided to him by Carrier, Carrier shall provide this to the Shipper or Shipper’s agent
within a reasonable period, unless the Carrier no longer has this documentation or the request
is unreasonable.
12.5 IIIf the Shipper or its agent has not contested the contents of the documentation (including
but not limited to confirmations, invoices, notices and other specifications) sent or made
available to the Shipper or its agent by Carrier in writing within six months from the Day such
documents have been sent or made available to the Shipper or its agent by or on behalf of
Carrier, the contents of such documents shall be deemed to have been approved by the
Shipper.
Article 13 — Overriding Law
13.1 Insofar as any provision contained or referred to in the Air Waybill or Shipment Record or
these conditions may be contrary to mandatory law, government regulations, orders or
requirements, such provision shall remain applicable to the extent that it is not overridden
thereby. The invalidity of any such provision shall not affect any other part.
13.2 Any provision in these conditions which is or may be void or unenforceable shall to the
extent of such invalidity or unenforceability be deemed severable and shall not affect any other
provisions herein.
Article 14 — Personal Data
All personal data are collected and processed by Carrier with due observance of the AFKL
Cargo Privacy Policy.
Article 15 — Modification and Waiver
No Agent, servant or representative of Carrier has authority to alter, modify or waive any
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provision of the contract of Carriage or of these conditions. These conditions, rates and charges
as published by Carrier from time to time are subject to change without notice, except to the
extent otherwise provided by applicable laws or government regulations or orders.
